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I 


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PROVISIONAL  AND  PERMANENT 


CONSTITUTIONS, 


If 
I 


TOGF.THF.R    WITH    THK 


iCTS  AND  RESOLUTIONS 


w      ■*»* 


i 


rt 


PROVISIONAL  AND  PERMANENT 


CONSTITUTIONS, 

HI 


OF    THE 


CONFEDERATE  STATES, 


B  I  C II  M  0  N  D  : 

TYLER,    WISE,    ALLEGRE    AND    SMITH,    PRINTERS. 


1861. 


» .  • 


*e*\  * 


n  ROOM 

L^fri       CONSTITUTION 

FOR    THE 

PROVISIONAL  GOVERNMENT, 

or  THE 

CONFEDERATE  STATES  OF  AMERICA. 


We,  the  Deputies  of  the  Sovereign  and  Independent  States 
of  South  Carolina,  Georgia,  Florida,  Alabama,  Mississippi, 
and  Louisiana,  invoking  the  favor  of  Almighty  God,  do 
hereby,  in  behalf  of  these  States,  ordain  and  establish  this 
Constitution  for  the  Provisional  Government  of  the  same: 
to  continue  one  year  from  the  inauguration  of  the  Presi- 
dent, or  until  a  permanent  Constitution  or  Confederation 
between  the  said  States  shall  be  put  in  operation,  whichso- 
ever shall  first  occur. 

ARTICLE    I. 

SECTION  1. 

All  legislative  powers  herein  delegated  shall  be  vested  in 
this  Congress  now  assembled  until  otherwise  ordained. 

SECTION  2. 

When  vacancies  happen  in  the  representation  from  any 
State,  the  same  shall  lie  filled  in  such  manner  as  the  proper 
authorities  of  the  State  shall  direct. 


?/8&C 


4 

SECTION  3. 

1.  The  Congress  shall  be  the  judge  of  the  elections,  re- 
turns and  qualifications  of  its  members ;  any  number  of 
Deputies  from  a  majority  of  the  States,  being  present,  shall 
constitute  a  quorum  to  do  business  ;  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  may  be  authorized  to 
compel  the  attendance  of  absent  members  ;  upon  all  ques- 
tions before  the  Congress,  each  State  shall  be  entitled  to  one 
vote,  and  shall  be  represented  by  any  one  or  more  of  its 
Deputies  who  may  be  present. 

2.  The  Congress  may  determine  the  rules  of  its  proceed- 
ings, punish  its  members  for  disorderly  behavior,  and  with 
the  concurrence  of  two-thirds,  expel  a  member. 

3.  The  Congress  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such  parts 
as  may  in  their  judgment  require  secrecy;  and  the  yeas 
and  nays  of  the  members  on  any  question,  shall,  at  the  de- 
sire of  one-fifth  of  those  present,  or  at  the  instance  of  any 
one  Stktc,  be  entered  on  the  journal. 

SECTION  4. 

The  members  of  Congress  shall  receive  a  compensation 
for  their  services,  to  be  ascertained  by  law,  and  paid  out  of 
the  treasury  of  the  Confederacy.  They  shall  in  all  cases, 
except  treason,  felony  and  breach  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  at  the  session  of  the 
Congress,  and  in  going  to  and  returning  from  the  same; 
and  for  any  speech  or  debate,  they  shall  not  be  questioned 
in  any  other  place. 

SECTION  5. 

1 .  Every  bill  which  shall  have  passed  the  Congress,  shall 
before  it  becomes  a  law,  be  presented  to  the  President  of  the 
Confederacy  ;  if  he  approve,  he  shall  sign  it :  but  if  not,  he 
shall  return  it  with  his  objections  to  the\Congress,  who  shall 
enter  the  objections  at  large  on4Kieir  journal,  and  proceed 
to  reconsider  it.  If,  after  such  re-consideration,  two-thirds 
of  the  Congress  shall  agree  to  pass  the  bill,  it  shall  become 
a  law.  But  in  all  such  cases,  the  vote  shall  be  determined 
by  yeas  and  nays ;  and  the  names  of  the  persons  voting  for 
and   against   the    bill    shall   be    entered    on    the  journal. 


■W 


r'\ 


If  any  bill  shall  not  be  returned  by  the  President  within  ten 
days  (Sundays  excepted)  after  it  shall  have  been  presented  to 
him,  the  same  shall  be  a  law,  in  like  manner,  as  if  he  had  signed 
it,  unless  the  Congress,  by  their  adjournment,  prevent  its 
return,  in  which  case  it  shall  not  be  a  law. — The  President 
may  yeto  any  appropriation  or  appropriations  and  approve 
any  other  appropriation  or  appropriations  in  the  same 
bill. 

2.  Every  order,  resolution  or  vote,  intended  to  have  the 
force  and  effect  of  a  law,  shall  be  presented  to  the  President, 
and  before  the  same  shall  take  effect,  shall  be  approved  by 
him,  or  being  disapproved  by  him,  shall  lie  re-passed  by  two- 
thirds  of  the  Congress,  according  to  the  rules  and  limita- 
tions prescribed  in  the  case  of  a  bill. 

3.  Until  the  inauguration  of  the  President,  all  bills,  or- 
ders, resolution^  and  votes  adopted  by  the  Congress  shall  be 
of  full  force  without  approval  by  him. 

SECTION  0. 

1.  The  Congress  shall  have  power  to  lay  and  collect  taxes, 
duties,  imposts  arid  excises,  for  the  revenue  necessary  to 
pay  the  debts  and  cany  on  the  Government  of  the  Confed- 
eracy; and  all  duties,  imposts  and  excises  shall  be  uniform 
throughout  the  States  of  the  Confederacy  : 

2.  To  borrow  money  on   the  credit  of  the  Confederacy  : 

3.  To  regulate  commerce  with  foreign  nations,  and  among 
the  several  States,  and  with  the  Indian  tribes: 

4.  To  establish  a  uniform  rule  of  naturalization,  and  uni- 
form laws  on  the  subject  of  bankruptcies  throughout  the 
Confederacy : 

5.  To  coin  money,  regulate  the  value  thereof  and  of  for- 
eign coin,  and  fix  the    standard    of  weights  and  measures: 

6.  To  provide  for  the  punishment  of  counterfeiting  the 
securities  and  current  coin  of  the  Confederacy: 

7.  To  establish  post  offices  and  posl  roa  Is: 

8.  To  promote  the  progress  of  and  useful  arts, 
by  securing,  for  limited  times  to  authors  and  inventors,  the 
exclusive  right  to  their  respective    writings  and  discoveries: 

!'.  To  constitute  tribunals  inferior  to  the  Supreme  Court  : 

10.  To  define  and  punish  piracies  and  felonies  committed 
on  the  high  seas,  and  offences  against  the  law  of  nations: 

11.  To  declare  war.  grant  letter-  of  marque  and  reprisal, 

and  make  rules  concerning  captures  on  land  and  water: 


12.  To  raise  and  support  armies ;  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  two 
years : 

13.  To  provide  and  maintain  a  navy: 

14.  To  make  rules  for  the  Government  and  regulation  of 
the  land  and  naval  forces : 

15.  To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Confederacy,  suppress  insurrections,  and  repel 
invasions : 

16.  To  provide  for  organizing,  arming,  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may  be 
employed  in  the  service  of  the  Confederacy,  reserving  to  the 
States  respectively  the  appointment  of  the  officers,  and  the 
authority  of  training  the  militia  according  to  the  discipline 
prescribed  by  Congress : 

17.  To  make  all  laws  that  shall  be  necessary  and  proper 
for  carrying  into  execution  the  foregoing  powers  and  all 
other  powers  expressly  delegated  by  this  Constitution  to  this 
Provisional  Government: 

18.  The  Congress  shall  have  power  to  admit  other  States  : 

19.  This  Congress  shall  also  exercise  Executive  powers, 
until  the  President  is  inaugurated. 

SECTION  7. 

1.  The  importation  of  African  negroes  from  any  foreign 
country  other  than  the  slave-holding  States  of  the  United 
States,  is  hereby  forbidden  ;  and  Congress  are  required  to 
pass  such  laws  as  shall  effectually  prevent  the  same. 

2.  The  Congress  shall  also  have  power  to  prohibit  the  in- 
troduction of  slaves  from  any  State  not  a  member  of  this 
Confederacy. 

3.  The  privilege  of  the  writ  of  Habeas  Corpus  shall  not 
be  suspended  unless,  when  in  case  of  rebellion  or  invasion, 
the  public  safety  may  require  it. 

4.  No  Bill  of  Attaincler,  or  ex  post  facto  law  shall  be 
passed. 

5.  No  preference  shall  be  given,  by  any  regulation  of 
commerce  or  revenue,  to  the  ports  of  one  State  over  those 
of  another ;  nor  shall  vessels  bound  to  or  from  one  State  be 
obliged  to  enter,  clear,  or  pay  duties,  in  another. 

6.  No  money  shall  be  drawn  from  the  treasury,  but  in 
consequence  of  appropriations  made  by  law ;  and  a  regular 


statement  and  account  of  the  receipts  and  expenditures  of 
all  public  money  shall  be  published  from  time  to  time. 

7.  Congress  shall  appropriate  no  money  from  the  treasu- 
ry, unless  it  be  asked  and  estimated  for  by  the  President  or 
some  one  of  the  heads  of  Departments,  except  for  the  pur- 
pose of  paying  its  own  expenses  and  contingencies. 

8.  No  title  of  nobility  shall  be  granted  by  the  Confedera- 
cy ;  and  no  person  holding  any  office  of  profit  or  trust  under 
it,  shall,  without  the  consent  of  the  Congress,  accept  of  any 
present,  emolument,  office,  or  title  of  any  kind  whatever, 
from  any  king,  prince  or  foreign  State. 

9.  Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion  or  prohibiting  the  free  exercises  thereof;  or 
abridging  the  freedom  of  speech,  or  of  the  press  ;  or  the  right 
of  the  people  peaceably  to  assemble,  and  to  petition  the  Gov- 
ernment for  a  redress  of  such  grievances  as  the  delegated 
powers  of  this  Government  may  warrant  it  to  consider  and 
redress. 

10.  A  well  regulated  militia  being  necessary  to  the  secu- 
rity of  a  free  State,  the  right  of  the  people  to  keep  and  bear 
arms  shall  not  be  infringed. 

1 1.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner  ;  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law. 

12.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated ;  and  no  warrants  shall 
issue  but  upon  probable  cause,  supported  by  oath  or  affirma- 
tion, and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

13.  No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  indict- 
ment of  a  grand  jury,  except  in  cases  arising  in  the  land  or  na- 
val forces,  or  in  the  militia,  when  in  actual  service  in  time  of 
war  or  public  danger  ;  nor  shall  any  person  be  subject  for  the 
same  offence  to  be  twice  put  in  jeopardy  of  life  or  limb  ;  nor 
shall  be  compelled  in  any  criminal  case,  to  be  a  witness 
against  himself;  nor  be  deprived  of  life,  liberty,  or  property, 
without  due  process  of  law  ;  nor  shall  private  property  be 
taken  for  public  use,  without  just  compensation. 

14.  In  all  criminal  prosecutions,  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury 
of  the  State  and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously  ascer- 


8 

tained  by  law,  and  to  be  informed  of  the  nature  and  cause  of 
the  accusation ;  to  be  confronted  with  the  witness  against 
him ;  to  have  compulsory  process  for  obtaining  witnesses  in 
his  favor ;  and  to  have  the  assistance  of  counsel  for  his  de- 
fence. 

15.  In  suits  at  common  law,  where  the  value  in  contro- 
versy shall  exceed  twenty  dollars,  the  right  of  trial  by  jury 
shall  be  preserved  ;  and  no  fact  tried  by  a  jury  shall  be  other- 
wise re-examined  in  any  court  of  the  Confederacy,  than  ac- 
cording to  the  rules  of  the  common  law. 

16.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishment  inflicted. 

17.  The  enumeration,  in  the  Constitution,  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  people. 

18.  The  powers  not  delegated  to  the  Confederacy  by  the 
Constitution,  nor  prohibited  by  it  to  the  State,  are  reserved 
to  the  States  respectively,  or  to  the  people. 

19.  The  judicial  power  of  the  Confederacy  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  equity,  commenced 
or  prosecuted  against  one  of  the  States  of  the  Confederacy, 
by  citizens  of  another  State,  or  by  citizens  or  subjects  of  any 
foreign  State. 

SECTION  8. 

1.  No  State  shall  enter  into  any  treaty,  alliance,  or  con- 
federation ;  grant  letters  of  mirque  and  reprisal ;  coin  money  ; 
emit  bills  of  credit ;  make  any  thing  but  gold  and  silver  coin 
a  tender  in  payment  of  debts ;  pass  any  bill  of  attainder,  ex 
post  facto  law,  or  law  impairing  the  obligation  of  contracts ; 
or  grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress, 
lay  any  imposts  or  duties  on  imports  or  exports,  except  what 
may  be  absolutely  necessary  for  executing  its  inspection 
laws  ;  and  the  nett  produce  of  all  duties  and  imposts,  laid  by 
any  State  on  imports  or  exports,  shall  be  for  the  use  of  the 
Treasury  of  the  Confederacy,  and  all  such  laws  shall  be  sub- 
ject to  the  revision  and  control  of  the  Congress.  No  State 
shall,  without  the  consent  of  Congress,  lay  any  duty  of  ton- 
nage,  enter  into  any  agreement  or  compact  with  another  State, 
or  with  a  foreign  power,  or  engage  in  war,  unless  actually 
invaded,  or  in  such  imminent  danger  as  will  not  admit  of  de- 
lay. 


9 

ARTICLE    II. 

SECTION  1. 

1.  The  Executive  power  shall  be  vested  in  a  President  of 
the  Confederate  States  of  America.  He,  together  with  the 
Vice-President,  shall  hold  his  office  for  one  year,  or  until  this 
Provisional  Government  shall  be  superceded  by  a  Permanent 
Government,  whichsoever  shall  first  occur. 

2.  The  President  and  Vice-President  shall  be  elected  by 
ballot  by  the  States  represented  in  this  Congress,  each  State 
casting  one  vote  and  a  majority  of  the  whole  being  requisite 
to  elect. 

3.  No  person  except  a  natural  born  citizen,  or  a  citizen  of 
one  of  the  States  of  this  Confederacy  at  the  time  of  the  adop- 
tion of  this  Constitution,  shall  be  eligible  to  the  office  of  Pre- 
sident ;  neither  shall  any  person  be  eligible  to  that  office  who 
shall  not  have  attained  the  age  of  thirty-five  years  and  been 
fourteen  years  a  resident  of  one  of  the  States  of  this  Confed- 
eracy. 

4.  In  case  of  the  removal  of  the  President  from  office  or 
of  his  death,  resignation  or  inability  to  discharge  the  powers 
and  duties  of  the  said  office,  (which  inability  shall  be  deter- 
mined by  a  vote  of  two-thirds  of  the  Congress,)  the  same 
shall  devolve  on  the  Vice- President ;  and  the  Congress  may 
by  l;iw  provide  for  the  case  of  removal,  death,  resignation, 
or  inability,  both  of  the  President  and  Vice-President,  de- 
claring what  officer  shall  then  act  as  President;  and  such 
officer  shall  act  accordingly,  until  the  disability  be  removed 
or  a  President  shall  be  elected. 

o.  The  President  shall  at  stated  times  receive  for  his  ser- 
vices, during  the  period  of  the  Provisional  Government,  a 
compensation  at  the  rate  of  twenty-five  thousand  dollars  per 
annum  ;  and  he  shall  not  receive  during  that  period  any  other 
emolument  from  this  Confederacy,  or  any  of  the  States  there- 
of. 

6.  Before  he  enters  on  the  execution  of  his  office,  he  shall 
take  the  following  oath  or  affirmation  : 

1  do  solemnly  swear  (or affirm)  that  I  will  faithfully  execute 
the  office  of  President  of  the  Confederate  States  of  America. 
and  will,  to  the  best  of  my  ability,  preserve,  protect,  and  de- 
fend the  Constitution  thereof. 


10 
SECTION  2. 

1.  The  President  shall  be  Commander-in-Chief  of  the  Ar- 
my and  Navy  of  the  Confederacy,  and  of  the  Militia  of  the 
several  States,  when  called  into  the  actual  service  of  the  Con- 
federacy ;  he  may  require  the  opinion,  in  writing,  of  the 
principal  officer  in  each  of  the  Executive  Departments,  upon 
any  subject  relating  to  the  duties  of  their  respective  offices; 
and  he  shall  have  power  to  grant  reprieves  and  pardons  for 
offences  against  the  Confederacy,  except  in  cases  of  impeach- 
ment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  con- 
sent of  the  Congress,  to  make  treaties  ;  provided  two-thirds  of 
the  Congress  concur ;  and  he  shall  nominate,  and  by  and  with 
the  advice  and  consent  of  the  Congress  shall  appoint  ambas- 
sadors, other  public  ministers  and  consuls,  judges  of  the 
court,  and  all  other  officers  of  the  Confederacy,  whose  ap- 
pointments are  not  herein  otherwise  provided  for,  and  which 
shall  be  established  by  law.  But  the  Congress  may,  by  law, 
vest  the  appointment  of  such  inferior  officers  as  they  think 
proper  in  the  President  alone,  in  the  courts  of  law,  or  in  the 
heads  of  Departments. 

3.  The  President  shall  have  power  to  fill  up  all  vacancies 
that  may  happen  during  the  recess  of  the  Congress  by  grant- 
ing commissions  which  shall  expire  at  the  end  of  their  next 
session. 

SECTION  3. 

1.  He  shall,  from  time  to  time,  give  to  the  Congress  in- 
formation of  the  state  of  the  Confederacy  and  recommend  to 
their  consideration  such  measures  as  he  shall  judge  necessa- 
ry and  expedient;  he  may,  on  extraordinary  occasions,  con- 
vene the  Congress  at  such  times  as  he  shall  think  proper ; 
he  shall  receive  ambassadors  and  other  public  ministers  ;  he 
shall  take  care  that  the  laws  be  faithfully  executed;  and 
shall  commission  all  the  officers  of  the  Confederacy. 

2.  The  President,  Vice-President,  and  all  civil  officers  of 
the  Confederacy  shall  be  removed  from  office  on  conviction 
by  the  Congress,  of  treason,  bribery,  or  other  high  crimes 
and  misdemeanors :   a  vote  of  two-thirds  shall  be  necessary  , 
for  such  conviction. 


II 

ARTICLE    III. 

SECTION   1. 


1.   The  judicial  power  of  the  Confederacy  shall  be  vested 
in  one   Supreme  Court,  and  in  such   inferior  courts  Is  are 

2    Each  State  shall  constitute  a  District  in  which   there 

vesteAy  the  lja  of  thc°tSed'  ^t&£& 
in  both  the  District  and  Circuit  Courts  of  the  l^ted  States' 
for  that  State  ;  the  Judge  whereof  shall  be  appointed  by  the 
President   by  and  with  the  advice  and  consent  of  the  Con 
gress,  and  shall,  until  otherwise  provided  by  the  Confess" 
exemse  the  power  and  authority  Vested  by  {he  laws  if !  the 
United   States   in    the  Judges  of  the  District   and   CircSt 
Courts  of  the  lin  tcd  States,  for  that   State,  and  sha 
point  the  times  and  places  at  which  the  court    shall    e  held 
Appeals  may  be  taken  directly  from  the  District  Courts  to 
the  Supreme  Court,  under  similar  regulations  to  those  which 
are ^provided  in  cases  of  appeal  to  the  Supreme  Cour  of  he 

by  he  cS  z::  t such  regulatiof  as  ma*  b°  P^W 

2  ;  .?nS^ss-  The  commissions  of  all  the  judges  shall 
expirewith  tins  Provisional  Government.  J     g 

Diiri  «T  !UprCme  C°Urt  Sha11  be  constituted  of  all  the 
S  11  r  g°i '  '  maj°rit^  of  whom  shal1  be  a  quorum  and 
shall  sit  at  such  times  and  places  as  the  Congrel  shall  ^ 

Li:2hep0ngTeaa  Sha11  have  Power  to  make  laws  for  the 
t  ansfer  of  any  causes  which  were  pending  in  the  courts  o# 
the  United  States,  to  the  courts  of  the  ConVede  racy a n(   for 

renaered  by  the  said  courts  of  the  United  States-  and  also 
all   laws  which  may  be  requisite  to  protect  the  i  ar'ti e     o  all 
wch  suits,  orders,  judgments,  or  decrees,  their  he irs   per 
sonal  representatives,  or  assignees.  '  P 

SECTION  2. 

1  The  judnial  power  shall  extend  to  all  cases  of  law  and 
*uity,  ansmg  under  this  Constitution,  the  laws  of  he 
^ted  States  and  of  this  Confederacy,  and  treaties  made! 


12 


or  which  shall  be  made,  under  its  authority;  to  all  cases 
affecting  ambassadors,  other  public  ministers  and  consuls ; 
to  all  cases  of  admiralty  and  maritime  jurisdiction;  to  con- 
troversies to  which  the  Confederacy  shall  be  a  party  ;  con- 
troversies between  two  or  more  States  ;  between  citizens  of 
different  States;  between  citizens  of  the  same  State  claim- 
in  <r  lands  under  grants  of  different  States. 

!  In  an  cases  affecting  ambassadors  other  public  minis- 
tertand  consuls,  and  those  in  which  a  State  shall  be  a  party 
the  Supreme  Court  shall  have  original  jurisdiction.     In  a 

he  ot  er  cases  before  mentioned,  the   Supreme  Court  shall 
have  appellate  jurisdiction  both  as  to  law  and  fact,  with  such 

exleptbns  and  under  such  regulations  as  the  Congress  shall 

ma3eThe  trial  of  all  crimes  except  in  cases  of  impeachment 
.hall  be  by  jury,  and  such  trial  shall  be  held  in    he  State 
he  said  crime*  shall  have  been  committed  ;  but  when 
^committed  within  any  State,  the  trial  shall  be  at  such 
place  or  places  as  the  Congress  may  by  law  have  directed. 

SECTION  3. 

i     Treason  aeainit  this  Confederacy  shall  consist  only  in 

levying  war  agalnsl  it,  or  in  adhering  to  its  enemies,  giving 

1  , n  fid    and'   comfort.     No   person   shall  be   convicted  ot 

SSoTiiSL   on   the   testimony  of  two  witnesses  to  the 

umfl  overt  act,  or  on  confession  in  open  court. 

"  The  Congress  shall  have  power  to  declare  the  puia,h- 
me;'t  of  treason;  but  no  attainder  of  treason  shal  -oik 
corruption  of  blood,  or  forfeiture,  except  during  the  life  oi 
the  person  attainted. 

ARTICLE    IV. 
SECTION  1. 

1  Full  faith  and  credit  shall  be  given  in  each  State  to  th 
nubiic  acts,  records,  and  judicial  proceedings  of  every  othe 
Sta  And  the  Congress  may,  by  general  laws,  prescnb 

fhe  manner  in  which  such   acts,  records,  and  proceeding, 
shall  be  proved  and  the  effect  of  such  proof. 
SECTION  2. 

1    The  citizens  of  each  State  shall  be  entitled  to  all  pr 
Tilegcs  and  immunities  of  citizens  in  the  several  States. 


13 


another  State,  shall,  on  demand I  of  .1  I    '       V       f°Und  ln 
of  the  State  from  ttT&Zt&tt  TlT7 
moved  to  the  State  having  jurisdiction  of  the  cZie     "*  * 
».  A  slave  in  one  State,  escaping  to  another  shall  h„  rf» 

we  rescue,  fnfl  compensation,  including  the  value  nf  tl  » 

bv  the"s  ate  ?i*rt  °X1>,enscs' sh!l"  *•  -*  to  the  pLt 
by  die  State  ,n  which  sneh  abduction  or  rescue  shXSe 

SECTION  3. 
Jon^  ™TbKc™  £  £""«■"«*  to  «*7  State  in  this 

ARTICLE    V. 

ARTICLE    VI. 

»h!chTshaIlCbenn,Si0n*  "ld  *"  Uw8  of  *•  Confederacy 
made  o  which  a  ,  ZZT^V^0''  a"d  a11  "**«•' 
Confederal T    ah, til,  ,1  '  ""^  **  Mthority  of  the 

icucracj,   snail   be  the  supreme  law  of  thn  U^A  .        a 

withstanding.  y       te  to  the  contrary  not- 

Late  S^nr"'  I,10rCby  institotoJ  shall  take  imrae- 
"  ,  formif:,-  ,0  T. CU,Cnt ,of  M  ™«™  ^ween  5  e 
K  "tedS  7"S-    '  T d.their  otllor  lat«  confederates  of  the 

leb It  Ik     til^ "Z*  "J5  ',,UMiC,  P/°Pert'  «*  P"W' 

L.rte^^-ro^at'-rT^s; 


14 


upon  the  principles  of  right,  justice,  equity,  and  good  feitk. 

3  Until  otherwise  provided  by  the  Congress,  the  eitj  of 
Montgomery,  in  the  State  of  Alabama,  shell  be  the  scat  of 

Government.  , 

4  The  members  of  the  Congress  and  all  executive  and 
judicial  officers  of  the  Confederacy  shall  be  bound  by  oath 
or  affirmation  to  support  this  Constitution;  but  no  religious 
test  shall  be  required  as  :.  qualification  to  any  offioe  or  pub- 
lic trust  under  this  Confederacy. 


CONSTITUTION 


OF    THE 


CONFEDERATE  STATES  OF  AMERICA. 


We,  the  people  of  the  Confederate  States,  each  State  act- 
ing in  its  sovereign  and  independent  character,  in  Older  to 
form  a  permanent  federal  government,  establish  justice  in- 
sure domestic  tranquility  ami  secure  the  blessings  of  liberty 
to  ourselves  ami  our  posterity-invoking  the  favor  and 
guidance  of  Almighty  God-do  ordain  and  establish  this 
constitution  for  the  Confederate  States  of  America 


ARTICLE    I. 
SECTION  1. 


All  legislati  e  powers  herein  delegated  shall  be  vested  in 
a  Congress  of  the  Confederate  States,  which  shall  consist  of 
a  benate  and  House  of  Representatives 


SECTION  2. 


I.  The  House   of  Representatives   shall  be   composed  of 

reveiaTst'  10Sen  T7  8?C°nd  ^  ^   th<?  ^°^G   of  the 
1      f^  ™d  the  electors  in  each  State  shall  be  citi- 
es of  the  Confederate   States,  and  have  the  qualifications 
•  equwite  for  electors  of  the  most  numerous  branch  of  the 

ITafZr'Ti  Wt  no0  perSOn  0f  foreiSn  birth«  ^  *  citi- 
■en  of  the  Confederate  States,  shall  be  allowed  to  vote  for 
my  officer,  civil  or  political,  State  or  federal. 


16 

2.  No  person  shall  be  a  Representative  who  shall  not 
have  attained  the  age  of  twenty-five  years,  and  be  a  citizen 
of  the  Confederate  States,  and  who  shall  not,  when  elected, 
be  an  inhabitant  of  that  State  in  which  he  shall  be  chosen. 

3.  Representatives  and  Direct  Taxes  shall  be  apportion- 
ed among  the  several  States,  which  may  be  included  within 
this  Confederacy,  according  to  their  respective  numbers, 
which  shall  be  determined  by  adding  to  the  whole  number  of 
free  persons,  including  those  bound  to  service  for  a  term  of 
years,  and  excluding  Indians  not  taxed,  three-fifths  of  all 
slaves.  The  actual  enumeration  shall  be  made  within  three 
years  after  the  first  meeting  of  the  Congress  of  the  Confed- 
erate States,  and  within  every  subsequent  term  often  years, 
in  such  manner  as  they  shall  by  law  direct.  The  number  of 
Representatives  shall  not  exceed  one  for  every  fifty  thousand, 
but  each  State  shall  have  at  least  one  Representative ;  and 
until  such  enumeration  shall  be  made,  the  State  of  South 
Carolina  shall  be  entitled  to  choose  six — the  State  of  Geor- 
gia ten — the  State  of  Alabama  nine — the  State  of  Florida 
two — the  State  of  Mississippi  seven — the  State  of  Louisiana 
six,  and  the  State  of  Texas  six. 

4.  When  vacancies  happen  in  the  representation  from  any 
State,  the  Executive  authority  thereof  shall  issue  writs  of 
election  to  fill  such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their  speak- 
er and  other  officers ;  and  shall  have  the  sole  power  of  im- 
peachment ;  except  that  any  judicial  or  other  federal  officer, 
resident  and  acting  solely  within  the  limits  of  any  State, 
may  be  impeached  by  a  vote  of  two-thirds  of  both  branches 
of  the  Legislature  thereof. 

SECTION  3. 

1 .  The  Senate  of  the  Confederate  States  shall  be  com- 
posed of  two  Senators  from  each  State,  chosen  for  six  years. 
by  the  Legislature  thereof,  at  the  regular  session  next  imme- 
diately preceding  the  commencement  of  the  term  of  service; 
and  each  Senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled,  in  conse- 
quence of  the  first  election,  they  shall  be  divided  as  equally 
as  may  be  into  three  classes.  The  seats  of  the  Senators  of 
the  first  class  shall  be  vacated  Jit  the  expiration  of  the  second 
year ;  of  the  second  class  at  the  expiration  of  the  fourth 
year ;  and  of  the  third  class  at  the  expiration  of  the  sixth 


\1 

year ;  so  that  one-third  may  be  chosen  every  second  year ; 
and  if  vacancies  happen  by  resignation,  or  otherwise,  during 
the  recess  of  the  Legislature  of  any  State,  the  executive 
thereof  may  make  temporary  appointments  until  the  next 
meeting  of  the  Legislature  which  shall  then  fill  such 
vacancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  at- 
tained the  age  of  thirty  years,  and  be  a  citizen  of  the  Con- 
federate States  ;  and  who  shall  not,  when  elected,  be  an  in- 
habitant of  the  State  for  which  he  shall  be  chosen. 

4.  The  Vice  President  of  the  Confederate  States  shall  be 
President  of  the  Senate,  but  shall  have  no  vote,  unless  they 
be  equally  divided. 

5.  The  Senate  shall  choose  their  officers  ;  and  also  a  Pre- 
sident pro  fcn> pore,  in  the  absence  of  the  Vice  President,  or 
when  he  shall  exercise  the  office  of  President  of  the  Confed- 
erate States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments. When  sitting  for  that  purpose,  they  shall  b© 
on  oath  or  affirmation.  When  the  President  of  the  Confed- 
erate States  is  tried,  the  Chief  Justice  shall  preside  ;  and  no 
person  shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  members  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification  to 
hold  and  enjoy  any  office  of  honor,  trust  or  profit,  under  the 
Confederate  States;  but  the  party  convicted  shall,  neverthe- 
less, be  liable  and  subject  to  indictment,  trial,  judgment  and 
punishment  according  to  law. 

SECTION  4. 

1.  The  times,  place  and  manner  of  holding  elections  for 
Senators  and  Representatives,  shall  be  prescribed  in  each 
State  by  the  Legislature  thereof,  subject  to  the  provisions 
of  this  Constitution;  but  the  Congress  may,  at  any  time,  by 
law,  make  or  alter  such  regulations,  except  as  to  the  times 
and  places  of  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every 
year;  and  such  meeting  shall  be  on  the  first  Monday  in  De- 
cember, unless  they  shall,  by  law,  appoint  a  different  day. 

SECTION  5. 
1.   Each  ILmse  shall  be  the  judge  of  the  elections,  returns 
and   qualifications   of  its   own   members,  and   a  majority  of 

2 


18 

each  shall  constitute  a  quorum  to  do  business  ;  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  may  be  authorized 
to  compel  the  attendance  of  absent  members,  in  such  man- 
ner and  under  such  penalties  as  each  House  may  provide. 

2.  Each  House  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and  with  the 
concurrence  of  two-thirds  of  the  whole  number  expel  a 
member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such  parts 
as  may  in  their  judgment  require  secresy ;  and  the  yeas  and 
nays  of  the  members  of  either  House,  on  any  question,  shall, 
at  the  desire  of  one-fifth  of  those  present,  be  entered  on  the 
journal. 

4.  Neither  House,  during  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which  the 
two  Houses  shall  be  sitting. 

SECTION  6. 

1.  The  Senators  and  Representatives  shall  receive  a  com- 
pensation for  their  services,  to  be  ascertained  by  law,  and 
paid  out  of  the  Treasury  of  the  Confederate  States.  They 
shall,  in  all  cases,  except  treason,  felony,  and  breach  "of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at 
the  session  of  their  respective  Houses,  and  in  going  to  and 
returning  from  the  same ;  and  for  any  speech  or  debate  in 
•either  House,  they  shall  not  be  questioned  in  any  other 
place. 

2.  No  Senator  or  Representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil  office 
under  the  authority  of  the  Confederate  States,  which  shall 
have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased  during  such  time ;  and  no  person  holding 
any  office  under  the  Confederate  States  shall  be  a  member  of 
either  House  during  ■his  continuance  in  office.  But  Con- 
gress may,  by  law,  grant  to  the  principal  officer  in  each  of 
the  Executive  Departments  a  seat  upon  the  floor  of  either 
House,  with  the  privilege  of  discussing  any  measures  ap- 
pertaining to  his  department. 

SECTION  7. 

1.  All  bills  for  raising  the  revenue  shall  originate  in  the 


19 

House  of  Representatives ;  but  the   Senate  may  propose  or 
concur  with  amendments,  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  both  Houses,  shall. 
before  it  becomes  a  law,  be  presented  to  the  President  of  the 
Confederate  States;  if  he  approve,  he  shall  sign  it;  but  if 
not,  he  shall  return  it,  with  his  objections,  to  that  House  in 
which  it  shall  have  originated,  who  shall  enter  the  objec- 
tions at  large  on  their  journal,  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  two-thirds  of  that  House 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with 
the  objections,  to  the  other  House,  by  which  it  shall  likewise 
be  reconsidered,  and  if  approved  by  two-thirds  of  that 
House,  it  shall  become  a  law.  But  in  all  such  eases,  the 
votes  of  both  Houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  persons  voting  for  and  against  the 
bill  shall  be  entered  on  the  journal  of  each  House  respec- 
tively. If  any  bill  shall  not  be  returned  by  the  President 
within  ten  days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a  law,  in  like  manner  as 
if  he  had  signed  it,  unless  the  Congress,  by  their  adjourn- 
ment, prevent  its  return  ;  in  which  case  it  shall  not  be  a 
law.  The  President  may  approve  any  appropriation  and 
disapprove  any  other  appropriation  in  the  same  bill.  In, 
such  case  he  shall,  in  signing  the  bill,  designate  the  appro- 
priations disapproved;  and  shall  return  a  copy  of  such  ap- 
propriations, with  his  objections,  to  the  House  in  which  the 
bill  shall  have  originated;  and  the  same  proceedings  shall 
then  be  had  as  in  case  of  other  bills  disapproved  by  the 
President. 

3.  Every  order,  resolution  or  vote,  to  which  the  concur- 
rence of  both  Houses  may  be  necessary,  (except  on  a  question 
of  adjournment,)  shall  be  presented  to  the  President  of  the 
Confederate  States ;  and  before  the  same  shall  take  effect, 
shall  be  approved  by  him  ;  or  being  disapproved,  shall  be 
re-passed  by  two-thirds  of  both  Houses,  according  to  the 
rules  and  limitations  prescribed  in  case  of  a  bill. 

SECTION  8. 

The  Congress  shall  have  power — 

1.  To  hiy  and  collect  taxes,  duties,  imposts,  and  excic 
fur  revenue  necessary  to  pay  the  debts,  provide  for  the  com- 
mon defence,  and  carry  on    the   Government  «>f  the  Confed- 
erate   States;    but  no   bounties   shall   be    granted   from  the 


20 

treasury ;  nor  shall  any  duties  or  taxes  on  importations 
from  foreign  nations  be  laid  to  promote  or  foster  any  branch 
of  industry  ,  and  all  duties,  imposts,  and  excises  shall  be 
uniform  throughout  the  Confederate  States : 

2.  To  borrow  money  on  the  credit  of  the  Confederate 
States : 

3.  To  regulate  commerce  with  foreign  nations,  and  among 
the  several  States,  and  with  the  Indian  tribes ;  but  neither 
this,  nor  any  other  clause  contained  in  the  constitution,  shall 
ever  be  construed  to  delegate  the  power  to  Congress  to  ap- 
propriate money  for  any  internal  improvement  intended  to 
facilitate  commerce ;  except  for  the  purpose  of  furnishing 
lights,  beacons,  and  buoys,  and  other  aid  to  navigation  upon 
the  coasts,  and  the  improvement  of  harbors  and  the  remov- 
ing of  obstructions  in  river  navigation,  in  all  which  cases, 
such  duties  shall  be  laid  on  the  navigation  facilitated  there- 
by,  as  may  be  necessary  to  pay  the  costs  and  expenses 
thereof: 

4.  To  establish  uniform  laws  of  naturalization,  and  uni- 
form laws  on  the  subject  of  bankruptcies,  throughout  the 
Confederate  States ;  but  no  law  of  Congress  shall  discharge 
any  debt  contracted  before  the  passage  of  the  same : 

5.  To  coin  money,  regulate  the  value  thereof  and  of  for- 
eign coin,  and  fix  the  standard  of  weights  and  measures : 

6.  To  provide  for  the  punishment  of  counterfeiting  the 
securities  and  current  coin  of  the  Confederate  States : 

7.  To  establish  post-offices  and  post-routes ;  but  the  ex- 
penses of  the  Post-office  Department,  after  the  first  day  of 
March  in  the  year  of  our  Lord  eighteen  hundred  and  sixty- 
three,  shall  be  paid  out  of  its  own  revenues : 

8.  To  promote  the  progress  of  science  and  useful  arts,  by 
securing  for  limited  times  to  authors  and  inventors  the  ex- 
clusive right  to  their  respective  writings  and  discoveries : 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court: 

10.  To  define  and  punish  piracies  and  felonies  committed 
on  the  high  seas,  and  offences  against  the  law  of  nations : 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal, 
and  make  rules  concerning  captures  on  land  and  on  water: 

12.  To  raise  and  support  armies  ;  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  two 
years : 

13.  To' provide  and  maintain  a  navy  : 

14.  To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces : 


SI 

15.  To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Confederate  States,  suppress  insurrections,  and 
repel  invasions  : 

16.  To  provide  for  organizing,  arming,  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may  be' 
employed  in  the  service  of  the  Confederate  States;  reserv- 
ing to  the  States,  respectively,  the  appointment  of  the 
officers,  and  the  authority  of  training  the  militia  according 
to  the  discipline  prescribed  by  Congress  : 

17.  To  exercise  exclusive  legislation,  in  all  cases  whatso- 
ever, over  such  district  (not  exceeding  ten  miles  square)  as 
may,  by  cession  of  one  or  more  States  and  the  acceptance 
of  Congress,  become  the  scat  of  the  Government  of  the 
Confederate  States  ;  and  to  exercise  like  authority  over 
places  purchased  by  the  consent  of  the  Legislature  of  the 
State  in  which  the  same  shall  be,  for  the  erection  of  forts, 
magazines,  arsenals,  dockyards,  and  other  needful  buildings  : 
and 

IS.  To  make  all  laws  which  shall  be  necessary  and  proper 
for  carrying  into  execution  the  foregoing  powers,  and  all 
other  powers  vested  by  this  Constitution  in  the  government  of 
the  Confederate  States,  or  in  any  department  or  officer 
thereof. 

SECTION  0. 

1 .  The  importation  of  negroes  of  the  African  race,  from  any 
foreign  country  other  than  the  slaveholding  States  or  Terri- 
tories of  the  United  States  of  America,  is  hereby  forbidden; 
and  Congress  is  required  to  pass  such  laws  as  shall  effectu- 
ally prevent  the  same. 

2.  Congress  shall  also  have  power  to  prohibit  the  intro- 
duction of  slaves  from  any  State  not  a  member  of,  or  Terri- 
tory not  belonging  to.  this  Confederacy. 

3.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when  in  case  of  rebellion  or  invasion  the 
public  safety  may  require  it. 

4.  No  bill  of  attainder,  ex  past  facto  law,  or  law  denying 
or  impairing  the  right  of  property  in  negro  slaves  shall  be 
passed. 

5.  No  capitation  or  other  direct  tax  shall  be  laid,  unless 
in  proportion  to  the  census  or  enumeration  hereinbefore 
directed  to  lie  taken. 

6.  No  tax  or  duty  shall  be  laid  on  articles  exported  from 
any  State,  except  by  a  vote  of  two-tbirds  of  both    1 1 ■  > 1 1  ~ ■  1. 


22 

7.  No  preference  shall  be  given  by  any  regulation  of 
commerce  or  revenue  to  the  ports  of  one  State  over  those  of 
another. 

8.  No  money  shall  be  drawn  from  the  treasury,  but  in 
consequence  of  appropriations  made  by  law ;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of 
all  public  money  shall  be  published  from  time  to  time. 

9.  Congress  shall  appropriate  no  money  from  the  treasury 
except  by  a  vote  of  two-thirds  of  both  Houses,  taken  by 
yeas  and  nays,  unless  it  be  asked  and  estimated  for  by  some 
one  of  the  heads  of  departments,  and  submitted  to  Congress 
by  the  President ;  or  for  the  purpose  of  paying  its  own  ex- 
penses and  contingencies  ;  or  for  the  payment  of  claims 
against  the  Confederate  States,  the  justice  of  which  shall 
have  been  judicially  declared  by  a  tribunal  for  the  investi- 
gation of  claims  against  the  Government,  which  it  is  hereby 
made  the  duty  of  Congress  to  establish. 

10.  All  bills  appropriating  money  shall  specify  in  federal 
currency  the  exact  amount  of  each  appropriation  and  the 
purposes  for  which  it  is  made  ;  and  Congress  shall  grant  no 
extra  compensation  to  any  public  contractor,  officer,  agent 
or  servant,  after  such  contract  shall  have  been  made  or  such 
service  rendered. 

1 1 .  No  title  of  nobility  shall  be  granted  by  the  Confede- 
rate States ;  and  no  person  holding  any  office  of  profit  or 
trust  under  them,  shall,  without  the  consent  of  the  Con- 
gress, accept  of  any  present,  emolument,  office  or  title  of 
any  kind  whatever,  from  any  king,  prince,  or  foreign  State. 

12.  Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof; 
or  abridging  the  freedom  of  speech,  or  of  the  press ;  or  the 
right  of  the  people  peaceably  to  assemble  and  petition  the 
Government  for  a  redress  of  grievances. 

13.  A  well-regulated  militia  being  necessary  to  the  secu- 
rity of  a  free  State,  the  right  of  the  people  to  keep  and 
bear  arms  shall  not  be  infringed. 

14.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner ;  nor  in  time  of 
war,  but  in  a  manner  to  be  prescribed  by  law. 

15.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated;  and  no  warrants  shall 
issue  but  upon  probable  cause,  supported  by  oath  or  affirma.- 


23 

tion,  and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

16.  No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or 
indictment  of  a  grand  jury,  except  in  cases  arising 
in  the  land  or  naval  forces,  or  in  the  militia,  when  in 
actual  service  in  time  of  war  or  public  danger ;  nor  shall 
any  person  be  subject  for  the  same  offence  to  be  twice  put 
in  jeopardy  of  life  or  limb  ;  nor  be  compelled,  in  any  crimi- 
nal case,  to  be  a  witness  against  himself;  nor  be  deprived 
of  life,  liberty,  or  property,  without  due  process  of  law; 
nor  shall  private  property  be  taken  for  public  use,  without 
just  compensation. 

17.  In  all  criminal  prosecutions,  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury 
of  the  State  and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously  ascer- 
tained by  law,  and  to  be  informed  of  the  nature  and  cause 
of  the  accusation ;  to  be  confronted  with  the  witness 
against  him;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor;  and  to  have  the  assistance  of  counsel 
for  his  defence. 

18.  In  suits  at  common  law,  where  the  value  in  contro- 
versy shall  exceed  twenty  dollars,  the  right  of  trial  by  jury 
shall  be  preserved;  and  no  fact  so  tried  by  jury  shall  be 
otherwise  re-examined  in  any  court  of  the  Confederacy,  than 
according  to  the  rules  of  the  common  law. 

10.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and   unusual   punishment  inflicted. 

20.  Every  law,  or  resolution  having  the  force  of  law, 
shall  relate  to  but  one  subject,  and  that  shall  be  expressed  in 
the  title. 

SECTION  10. 

1.  No  State  shall  enter  into  any  treaty,  alliance,  or  con- 
federation ;  grant  letters  of  marque  and  reprisal ;  coin  mo- 
ney :  make  an  J  thing  but  gold  and  silver  coin  a  tender  in 
payment  of  debts;  pass  any  bill  of  attainder,  or  ex  post 
facto  law,  or  law  impairing  the  obligation  of  contracts;  or 
grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress, 
lay  any  imposts  or  duties  on  imports  or  exports. 

what  may  be  absolutely  necessary  for  executing  its  inspec- 


24 

tion  laws ;  and  the  nett  produce  of  all  duties  and  imposts, 
laid  by  any  State  on  imports  or  exports,  shall  be  for  the  use 
of  the  treasury  of  the  Confederate  States,  and  all  such  laws 
shall  be  subject  to  the  revision  and  control  of  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay 
any  duty  on  tonnage,  except  on  sea- going  vessels,  for  the 
improvement  of  its  rivers  and  harbors  navigated  by  the  said 
vessels  ;  but  such  duties  shall  not  conflict  with  any  treaties 
of  the  Confederate  States  with  foreign  nations ;  and  any 
surplus  revenue,  thus  derived,  shall,  after  making  such  im- 
provement, be  paid  into  the  common  treasury.  Nor  shall 
any  State  keep  troops  or  ships  of  war  in  time  of  peace, 
enter  into  any  agreement  or  compact  with  another  State,  or 
with  a  foreign  power,  or  engage  in  war,  unless  actually  in- 
vaded, or  in  such  imminent  danger  as  will  not  admit  of 
delay.  But  when  any  river  divides  or  flows  through  two  or 
more  States,  they  may  enter  into  compacts  with  each  other 
to  improve  the  navigation  thereof. 

ARTICLE    II. 

SECTION  1. 

1.  The  executive  power  shall  be  vested  in  a  President  of 
the  Confederate  States  of  America.  He  and  the  Vice  Pre- 
sident shall  hold  their  offices  for  the  term  of  six  years ;  but 
the  President  shall  not  be  re- eligible.  The  President  and 
Vice  President  shall  be  elected  as  follows : 

2.  Each  State  shall  appoint,  in  such  manner  as  the 
Legislature  thereof  may  direct,  a  number  of  electors  equal 
to  the  whole  number  of  Senators  and  Representatives  to 
which  the  State  may  be  entitled  in  the  Congress ;  but  no 
Senator  or  Representative,  or  person  holding  an  office  of 
trust  or  profit  under  the  Confederate  States,  shall  be  ap- 
pointed an  elector. 

3.  The  electors  shall  meet  in  their  respective  States  and 
vote  by  ballot  for  President  and  Vice  President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same  State 
with  themselves  ;  they  shall  name  in  their  ballots  the  person 
voted  for  as  President,  and  in  distinct  ballots  the  person 
voted  for  as  Vice  President,  and  they  shall  make  distinct 
lists  of  all  persons  voted  for  as  President,  and  of  all  persons 
voted  for  as  Vice  President,  and  of  the  number  of  votes  for 
each,  which  lists  they  shall  sign  and  certify,  and  transmit, 
sealed,  to  the  seat  of  government  of  the  Confederate  States, 


25 

directed  to  the  President  of  the  Senate  ;  the  President  of 
the  Senate  shall,  in  the  presence  of  the  Senate  and  Souse 
of  Representatives;  open  all  the  certificates,  and  the  votes 
shall  then  be  counted ;  the  person  having  the  greatest  number 
of  votes  for  President  shall  be  the  President,  if  such  num- 
ber be  a  majority  of  the  whole  number  of  electors  ap- 
pointed ;  and  if  no  person  have  such  majority,  then,  from 
the  persons  having  the  highest  numbers,  not  exceeding  three, 
on  the  list  of  those  voted  for  as  President, the  House  of  Re- 
presentatives shall  choose  immediately,  by  ballot,  the  Presi- 
dent. But  in  choosing  the  President,  the  votes  shall  be 
taken  by  States — the  representation  from  each  State  having 
one  vote.  A  quorum  for  this  purpose  shall  consist  of  a 
member  or  members  from  two-thirds  of  the  States,  and  a 
majority  of  all  the  States  shall  be  necessary  to  a  choice. 
And  if  the  House  of  Representatives  shall  not  choose  a 
President,  whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following,  then 
the  Vice  President  shall  act  as  President,  as  in  case  of  the 
death,  or  other  constitutional  disability  of  the  President. 

4.  The  person  having  the  greatest  number  of  votes  as 
Vice  President,  shall  be  the  Vice  President,  if  such  number 
be  a  majority  of  the  whole  number  of  electors  appointed  ; 
and  if  no  person  have  a  majority,  then,  from  the  two  highest 
numbers  on  the  list,  the  Senate  shall  choose  the  Vice  Presi- 
dent. A  quorum  for  the  purpose  stall  consist  of  two-thirds 
of  the  whole  number  of  Senators,  and  a  majority  of  the 
whole  number  shall  be  necessary  to  a  choice. 

5.  But  no  person  constitutionally  ineligible  to  the  office  of 
President  shall  be  eligible  to  that  of  Vice  President  of  the 
Confederate  States. 

6.  The  Congress  may  determine  the  time  of  choosing 
the  electors,  and  the  day  on  which  they  shall  give  their 
votes;  which  day  shall  be  the  same  throughout  the  Confede- 
rate Stat 

7.  No  person  except  a  natural  born  citizen  of  the  Confe- 
derate States,  or  a  citizen  thereof  at  the  time  of  the  adoption 
of  this  Constitution,  or  a  citizen  thereof  born  in  the  United 
States  prior  to  the  80th  of  December,  1860,  shall  be  eligible 
to  the  office  of  President  ;  neither  shall  any  person  be  eligi- 
ble to  that  office  who  shall  not  have  attained  the  age  of 
thirty-five  years,  and  been    fourteen    year-  a  resident  within 

the  limits  of  the  Confederate  States,  as  they  may  exist  at 

the  time  of  his  election. 


26 

8.  In  case  of  the  removal  of  the  President  from  office,  or 
of  his  death,  resignation,  or  inability  to  discharge  the  pow- 
ers and  duties  of  the  said  office,  the  same  shall  devolve  on 
the  Vice  President ;  and  the  Congress  may,  by  law,  pro- 
vide for  the  case  of  removal,  death,  resignation,  or  inability, 
both  of  the  President  and  Vice  President,  declaring  what 
officer  shall  then  act  as  President;  and  such  officers  shall 
act  accordingly,  until  the  disability  be  removed  or  a  Presi- 
dent shall  be  elected. 

9.  The  President  shall,  at  stated  times,  receive  for  his 
services  a  compensation,  which  shall  neither  be  increased  nor 
diminished  during  the  period  for  which  he  shall  have  been 
elected;  and  he  shall  not  receive  within  that  period  any 
other  emolument  from  the  Confederate  States,  or  any  of 
them. 

10.  Before  he  enters  on  the  execution  of  his  office,  he 
shall  take  the  following  oath  or  affirmation. 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  Confederate  States  of 
America,  and  will,  to  the  best  of  my  ability,  preserve,  pro- 
tect and  defend  the  Constitution  thereof.  " 

SECTION  2. 

1.  The  President  shall  be  commander-in-chief  of  the 
army  and  navy  of  the  Confederate  States,  and  of  the  militia 
of  the  several  States,  when  called  into  the  actual  service  of 
the  Confederate  States ;  he  may  require  the  opinion,  in 
writing,  of  the  principal  officer  in  each  of  the  executive  de- 
partments, upon  any  subject  relating  to  the  duties  of  their 
respective  offices ;  and  he  shall  power  to  grant  reprieves  and 
pardons  for  offences  against  the  Confederacy,  except  in  cases 
of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  to  make  treaties ;  provided  two-thirds  of 
the  Senators  present  concur :  and  he  shall  nominate,  and  by 
and  Avith  the  advice  and  consent  of  the  Senate,  shall  appoint 
ambassadors,  other  public  ministers  and  consuls,  judges  of 
the  Supreme  Court,  and  all  other  officers  of  the  Confederate 
States  whose  appointments  are  not  herein  otherwise  pro- 
vided for,  and  which  shall  be  established  by  law.  But  the 
Congress  may,  by  law,  vest  the  appointment  of  such  inferior 
officers,  as  they  may  think  proper,  in  the  President  alone,  in 
the  courts  of  law,  or  in  the  heads  of  departments. 

3.  The  principal  officer  in  each  of  the  executive  depart- 


27 

merits,  and  all  persons  connected  with  the  diplomatic  ser- 
vice, may  be  removed  from  office  at  the  pleasure  of  the  Pre- 
sident. All  other  civil  officers  of  the  executive  departments 
may  be  removed  at  any  time  by  the  President,  or  other  ap- 
pointing power,  when  their  services  are  unnecessary,  or  for 
dishonesty,  incapacity,  inefficiency,  misconduct,  or  neglect 
of  duty  ;  and  when  so  removed,  the  removal  shall  be  re- 
ported to  the  Senate,  together  with  the  reasons  therefor. 

4.   The  President  shall  have  the  power  to  fill  all  vacancies 
that  may  happen  during  the  recess  of  the  Senate,  by  grant 
ing  commissions  which  shall  expire  at  the  end  of  their  next 
session  ;   but  no  person  rejected   by  the   Senate  shall  be  re- 
appointed to  the  same  office  during  their  ensuing  recess. 

SECTION  3. 

1.  The  President  shall,  from  time  to  time,  give  to  the 
Congress  information  of  the  state  of  the  Confederacy,  and 
recommend  to  their  consideration  such  measures  as  he  shall 
judge  necessary  and  expedient ;  he  may,  on  extraordinary 
occasions,  convene  both  Houses,  or  either  of  them;  and  in 
case  of  disagreement  between  them,  with  respect  to  the  time 
of  adjournment,  he  may  adjourn  them  to  such  time  as  he 
shall  think  proper;  he  shall  receive  ambassadors  and  other 
pnblic  ministers  ;  he  shall  take  care  that  the  laws  be  faithfully 
executed,  and  shall  commission  all  the  officers  of  the  Con- 
federate States. 

SECTION  4. 

1.  The  President,  Vice  President,  and  all  civil  officers  of 
the  Confederate  States,  shall  be  removed  from  office  on 
impeachment  for,  and  conviction  of,  treason,  bribery,  or 
other  high  crimes  and  misdemeanors. 

ARTICLE    II  T. 

SECTION   1. 

1.  The  judicial  power  of  the  Confederate  States  shall  be 
?ested  in  one  Supreme  Court,  and  in  such  inferior  courts  as 
the  Congress  may,  from  time  to  time,  ordain  and  establish. 
The  judges,  both  of  the  Supreme  and  inferior  courts,  shall 
hold  their  offices  during  good  behavior,  and  shall,  at  stated 
times,  receive  tor  their  services  a  compensation  which  shall 
not  be  diminished  during   their  continuance  in  office. 

SECTION  2. 

1.  The  judicial  power  shall  extend  to  nil  cases  arising  un- 


28 

der  this  Constitution,  the  laws  of  the  Confederate  States,  and 
treaties  made,  or  which  shall  be  made,  under  their  authority  ; 
to  all  cases  affecting  ambassadors,  other  public  ministers  and 
consuls;  to  all  cases  of  admiralty  and  maritime  jurisdiction  ; 
to  controversies  to  which  the  Confederate  States  shall  be  a 
party  ;  to  controversies  between  two  or  more  States  ;  between 
a  State  and  a  citizen  of  another  State,  where  the  State  is 
plaintiff;  between  citizens  claiming  lands  under  grants  of 
different  States ;  and  between  a  State  or  the  citizens  thereof, 
and  foreign  States,  citizens  or  subjects;  but  no  State  shall 
be  sued  by  a  citizen  or  subject  of  any  foreign  State. 

2.  In  all  cases  affecting  ambassadors,  other  public  minis- 
ters and  consuls,  and  those  in  which  a  State  shall  be  a  party, 
the  Supreme  Court  shall  have  original  jurisdiction.  In  all 
the  other  cases  before  mentioned,  the  Supreme  Court  shall 
have  appellate  jurisdiction  both  as  to  law  and  fact,  with  such 
exceptions  and  under  such  regulations  as  the  Congress  shall 
make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury,  and  such  trial  shall  be  held  in  the  State 
where  the  said  crimes  shall  have  been  committed ;  but  when 
not  committed  within  any  State,  the  trial  shall  be  at  such 
place  or  places  as  the  Congress  may  by  law  have  directed. 

SECTION  3. 

1.  Treason  against  the  Conferate  States  shall  consist  only 
in  levying  war  against  them,  or  in  adhering  to  their  enemies, 
giving  them  aid  and  comfort.  No  person  shall  be  convicted 
of  treason  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  on  confession  in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punish- 
ment of  treason  ;  but  no  attainder  of  treason  shall  work  cor- 
ruption of  blood,  or  forfeiture,  except  during  the  life  of  the 
person  attainted. 

ARTICLE    IV. 
SECTION  1. 

1.  Full  faith  and  credit  shall  be  given  in  each  State  to  the 
public  acts,  records,  and  judicial  proceedings  of  every  other 
State.  And  the  Congress  may,  by  general  laws,  prescribe 
the  manner  in  which  such  acts,  records,  and  proceedings 
shall  be  proved,  and  the  effect  thereof. 
SECTION  2. 

1.  The  citizens  of  each  State  shall  be  entitled  to  all  the 


29 

privileges  and  immunities  of  citizens  in  the  several  States  ; 
and  shall  have  the  right  of  transit  and  sojourn  in  any  State  of 
this  Confederacy,  with  their  slaves  and  other  property;  and 
the  right  of  property  in  said  slaves  shall  not  be  thereby  im- 
paired. 

2.  A  person  charged  in  any  State  with  treason,  felony,  or 
other  crime  against  the  laws  of  such  State,  who  shall  flee 
from  justice,  and  be  found  in  another  State,  shall,  on  de- 
mand of  the  executive  authority  of  the  State  from  which  he 
fled,  be  delivered  up,  to  be  removed  to  the  State  having  juris- 
diction of  the  crime. 

3.  No  slave  or  other  person  held  to  service  or  labor  in  any 
State  or  Territory  of  the  Confederate  States,  under  the  laws 
thereof,  escaping  or  lawfully  carried  into  another,  shall,  in 
consequence  of  any  law  or  regulation  therein,  he  discharged 
from  such  service  or  labor  ;  but  shall  be  delivered  up  on  claim 
of  the  party  to  whom  such  slave  belongs,  or  to  whom  such 
service  or  labor  may  be  due. 

SECTION  3. 

1.  Other  States  may  be  admitted  into  this  Confederacy 
by  a  vote  of  two -thirds  of  the  whole  House  of  Representatives 
and  two-thirds  of  the  Senate,  the  Senate  voting  by  States; 
but  no  new  State  shall  be  formed  or  erected  within  the  juris- 
dietion  of  any  other  State;  nor  any  State  be  formed  by  the 
junction  of  two  or  more  States,  or  parts  of  States,  without 
the  cuii sent  of  the  Legislatures  of  the  States  concerned,  as 
well  as  of  the  Congress. 

2.  The  Congress  shall  have  power  to  dispose  of  and  make 
all  needful  rules  and  regulations  concerning  the  property  of 
the  Confederate  States,  including  the  lands  thereof. 

3.  The  Confederate  States  may  acquire  new  territory ; 
and  Congress  shall  have  power  to  legislate  and  provide  gov- 
ernment -  for  the  inhabitants  of  all  territory  belonging  to  the 
Confederate  States,  lying  without  the  limits  of  the  several 
States;  and  may  permit  them  at  such  times,  and  in  such 
manner  as  it  may  by  law  provide,  to  form  States  to  be  ad- 
mitted into  the  Confederacy.  In  all  such  territory,  the  in- 
stitution of  negro  slavery,  as  it  now  exists  in  the  Confederate 
States,  shall  be  recognized  and  protected  by  Congress  and  by 
the  territorial  government :  and  the  inhabitants  of  the  several 
Confederate  States  and  Territories  shall  have  the  right  to 
take  to  sucb  territory  any  slaves  lawfully  held  by  them  in 
any  of  the  States  or  Territories  of  the  Confederate  States. 


30 

4.  The  Confederate  States  shall  guaranty  to  every  State 
that  now  is,  or  herafter  may  become,  a  member  of  this  Con- 
federacy, a  republican  form  of  government ;  and  shall  pro- 
tect each  of  them  against  invasion ;  and  on  application  of  the 
legislature,  (or  of  the  executive,  when  the  legislature  is  not 
in  session,)  against  domestic  violence. 

ARTICLE    V. 

SECTION  1. 

1.  Upon  the  demand  of  any  three  States,  legally  assembled 
in  their  several  conventions,  the  Congress  shall  summon  a 
convention  of  all  the  States,  to  take  into  consideration  such 
amendments  to  the  Constitution  as  the  said  States  shall  con- 
cur in  suggesting  at  the  time  when  the  said  demand  is  made ; 
and  should  any  of  the  proposed  amendments  to  the  Constitu- 
tion be  agreed  on  by  the  said  convention — voting  by  States — 
and  the  same  be  ratified  by  the  legislatures  of  two-thirds  of 
the  several  States,  or  by  conventions  in  two-thirds  thereof — 
as  the  one  or  the  other  mode  of  ratification  may  be  proposed 
by  the  general  convention — they  shall  thenceforward  form  a 
part  of  this  Constitution.  But  no  State  shall,  without  its 
consent,  be  deprived  of  its  equal  representation  in  the  Senate. 

ARTICLE    VI. 

1.  The  Government  established  by  this  Constitution  is  the 
successor  of  the  Provisional  Government  of  the  Confederate 
States  of  America,  and  all  the  laws  passed  by  the  latter  shall 
continue  in  force  until  the  same  shall  be  repealed  or  modi- 
fied; and  all  the  officers  appointed  by  the  same  shall  remain 
in  office  until  their  successors  are  appointed  and  qualified,  or 
the  offices  abolished. 

2.  All  debts  contracted  and  engagements  entered  into  be- 
fore the  adoption  of  this  Constitution  shall  be  as  valid  against 
the  Confederate  States  under  this  Constitution  as  under  the 
Provisional  Government. 

3.  This  Constitution,  and  the  laws  of  the  Confederate 
States  made  in  pursuance  thereof,  and  all  treaties  made  or 
which  shall  be  made  under  the  authority  of  the  Confederate 
States,  shall  be  the  supreme  law  of  the  land  ;  and  the  judges 
in  every  State  shall  be  bound  thereby,  any  thing  in  the  Con- 
stitution or  laws  of  any  State  to  the  contrary  notwithstanding. 

4.  The  Senators  and  Representatives  before  mentioned, 
and  the  members  of  the  several  State  Legislatures,  and  all 
executive  and  judicial  officers,  both  of  the  Confederate  States 


31 

and  of  the  several  States,  shall  be  bound  by  oath  or  affirma- 
tion to  support  this  Constitution  ;  but  no  religious  test  shall 
ever  be  required  as  a  qualification  to  any  office  or  public 
trust  under  the  Confederate  States. 

5.  The  enumeration,  in  the  Constitution,  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  people  of  the  several  States. 

6.  The  powers  not  delegated  to  the  Confederate  States  by 
the  Constitution,  nor  prohibited  by  it  to  the  States,  arc  re- 
served to  the  States,  respectively,  or  to  the  people  thereof. 

ARTICLE    VII. 

1 .  The  ratification  of  the  Convention  of  five  States  shall 
be  sufficient  for  the  establishment  of  this  Constitution  be- 
tween the  States  so  ratifying  the  same. 

2.  When  five  States  shall  have  ratified  this  Constitution, 
in  the  manner  before  specified,  the  Congress  under  the  Pro- 
visional Constitution  shall  prescribe  the  time  for  holding  the 
election  of  President  and  Vice  President,  and  for  the  meet- 
ing of  the  Electoral  College,  and  for  counting  the  votes, 
and  inaugurating  the  President,  They  shall  also  prescribe 
the  time  for  holding  the  first  election  of  members  of  Con- 
gress under  this  Constitution,  and  the  time  for  assembling  the 
same.  Until  the  assembling  of  such  Congress,  the  Congress 
under  the  Provisional  Constitution  shall  continue  to  exer- 
cise the  Legislative  powers  granted  them  ;  not  extending 
beyond  the  time  limited  by  the  Constitution  of  the  Provis- 
ional Government. 


EXTRACT  FROM  THE  JOURNAL  OF  CONGRESS. 


Co>:gres8,  March  11,  1861. 

On  the  question  of  the  adoption  of  the  Constitution  of 
the  Confederate  States  of  America,  the  vote  was  taken  by 
yeas  and  nays ;  and  the  Constitution  was  unanimously 
adopted,  as  follows : 

Those  who  voted  in  the  affirmative  being  Messrs.  Walker, 
Smith,  Curry,  Hale,  McRae,  Shorter,  and  Fearn,  of  Alaba- 
ma, (Messrs.  Chilton  and  Lewis  being  absent ;)  Messrs. 
Morton,  Anderson,  and  Owens,  of  Florida  ;  Messrs.  Toombs, 
Howell  Cobb,  Bartow,  Nisbet,  Hill,  Wright,  Thomas  R.  R. 
Cobb,  and  Stephens,  of  Georgia,  (Messrs.  Crawford  and  Ke- 
nan being  absent ;)  Messrs.  Perkins,  de  Clouet,  Conrad, 
Kenner,  Sparrow,  and  Marshall,  of  Louisiana;  Messrs.  Har- 
ris, Brooke,  Wilson,  Clayton,  Barry,  and  Harrison,  of  Mis- 
sissippi, (Mr.  Campbell  being  absent;)  Messrs.  Rhett,  Barn- 
well, Keitt,  Chesnut,  Memminger,  Miles,  Withers,  and 
Boyce,  of  South  Carolina ;  Messrs.  Reagan,  Hemphill, 
Waul,  Gregg,  Oldham,  and  Ochiltree,  of  Texas,  (Mr.  Wig- 
fall  being  absent.) 

A  true  copy:    '  J.  J.  HOOPER, 

Secretary  of  the  Congress. 


Congress,  March  11,  1861. 
I  do  hereby  certify  that  the  foregoing  are,  respectively, 
true  and  correct  copies  of  "  The  Constitution  of  the  Con- 
federate States  of  America,"  unanimously  adopted  this  day, 
and  of  the  yeas  and  nays  on  the  question  of  the  adoption 
thereof.  HOWELL  COBB, 

President  of  the  Congress. 


Wmm 

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